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Delayed Diagnosis of a Neck Fracture
Last Updated on May 14, 2025 by tanya
Delayed Diagnosis of a Neck Fracture
Consequences and How To Claim Compensation
Injuries involving the neck are among the most serious and potentially life-altering, so a delayed diagnosis of a neck fracture may have severe consequences. A neck fracture, also known as a cervical spine fracture, needs to be diagnosed and treated quickly.
In fact, a missed or delayed diagnosis of a neck fracture is not just a clinical error, but may have a profound impact on your life. If you suspect that your neck injury was not treated correctly, you may be considering filing a claim for compensation.
A clinical negligence claim may be started if a healthcare provider failed to provide an expected standard of care which is directly linked to the harm you may have suffered.
In some unfortunate cases, neck fractures have been missed or diagnosed late. Regarding a claim, Jefferies Claim may be able to help. It is important to know that we work with lawyers who operate on a ‘No Fee, No Win’ basis.
When Can Neck Fractures Occur?
The cervical spine consists of seven vertebrae located at the top of the spinal column. These vertebrae support the skull, protect the spinal cord, and allow for flexible neck movement.
Fractures of these bones can range from mild to unstable which involve spinal cord damage. Neck fractures commonly result from:
- Road traffic accidents
- Falls, especially in elderly patients
- Sports injuries
- Assault or physical trauma
Symptoms may include severe neck pain, swelling, bruising, limited mobility, numbness, or even paralysis. Prompt imaging, such as an X-ray, CT scan, or MRI, is essential to confirm the diagnosis and determine the treatment plan.
Possible Consequences of a Missed or Delayed Diagnosis
Worsening of the Injury
When a neck fracture goes undetected, the patient may continue normal movement under the false belief that no serious injury exists. This may lead to:
- Displacement of fractured bone fragments
- Further damage to ligaments or discs
- Increased risk of spinal cord compression
Spinal Cord Injury
One of the most devastating consequences is spinal cord injury (SCI). So, a delay in immobilizing the neck or initiating surgical treatment may potentially cause:
- Partial or complete paralysis
- Loss of bowel and bladder control
- Respiratory difficulties, particularly with higher cervical injuries
Chronic Pain and Reduced Mobility
Even if the spinal cord is not involved, a delayed diagnosis may lead to:
- Improper healing of the fracture, known as malunion
- Chronic neck pain
- Stiffness and reduced range of motion
- Development of secondary conditions like arthritis or nerve impingement
Why Are Neck Fractures Missed?
Neck fractures may be missed for several reasons:
- Failure to order appropriate imaging after trauma
- Misinterpretation of X-rays or CT scans
- Assuming neck pain is due to “soft tissue injury” (e.g., whiplash)
- Inadequate neurological assessment
Such oversights may occur in emergency departments, urgent care centres, or even in GP consultations following trauma.
When Can You File a Medical Negligence Claim?
If a healthcare provider’s failure to diagnose your neck fracture in a timely manner resulted in harm, you may be entitled to claim for compensation.
Key Criteria for a Negligence Claim:
To succeed in a claim, the following three legal elements need to be proved:
Duty of Care The healthcare provider owed you a duty of care. This applies to public and private medical professionals
Breach of Duty The provider acted below the standard expected of a reasonable professional e.g., may have failed to order scans or misread results.
Causation You must be able to demonstrate that the breach of duty directly caused additional harm or worsened your outcome.
Evidence and Time Limits
You should gather the following evidence for your claim:
- Medical records, including consultation notes and imaging reports
- Expert medical opinion to show a breach of duty
- Witness statements
- Financial documentation showing lost income or extra care costs
To start a claim you typically have three years from the date of the negligent act or the date you became aware of the injury. However, there are exceptions, such as for children under 18 and for those without mental capacity.
Getting your claim started early after the injury ensures evidence is preserved and timelines are met.
What Compensation Can You Receive?
Compensation, which is also called “damages”, may cover:
- Pain and suffering
- Loss of income
- Cost of ongoing care, mobility aids, and home adjustments
- Travel expenses for medical appointments
In serious injury cases, the pay-out can be substantial, reflecting the lifelong impact of the missed diagnosis.
How to Start Your Claim
The first step to take is to get your medical records, which you are allowed to request from your healthcare provider. Additionally, as clinical negligence claims can be tricky, it’s advisable to consult with a solicitor who is experienced in medical negligence cases.
Your solicitor will help you to obtain the relevant evidence. This may include an independent medical opinion. They will also assess your case and determine whether you have a valid claim.
At First Personal Industry, we work with expert lawyers who operate on a No Win, No Fee basis, ensuring you get the support you need without financial risk. Call us at 0333 3582345 or contact us online and we can call you back at a time suitable for you.
This article provides general legal information and should not be construed as legal or medical advice. In all instances you should always consult with a medical professional.